District Court Act 1973 District Court Amendment (Fees) Regulation 2002 (2002-412) [GG No 106 of 28.6.2002, p 4690] (NSW)

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2002 No 412

New South Wales

District Court Amendment (Fees)

Regulation 2002

under the

District Court Act 1973

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the District Court Act 1973.

BOB DEBUS, M.P.,

Attorney General

Explanatory note

The object of this Regulation is to increase certain court fees (set out in the District Court Regulation 2000) to be paid to a registrar in respect of the business of the District Court under the District Court Act 1973.

The fee increases are in line with movements in the Consumer Price Index.

This Regulation is made under the District Court Act 1973, including section 150

(Regulations: Court fees).

Published in Gazette No 106 of 28 June 2002, page 4690

Page 1

[8]

2002 No 412

Clause 1

District Court Amendment (Fees) Regulation 2002

District Court Amendment (Fees) Regulation 2002

1     Name of Regulation

This Regulation is the District Court Amendment (Fees)

Regulation 2002.

2 Commencement

This Regulation commences on 1 July 2002.

3 Amendment of District Court Regulation 2000

The District Court Regulation 2000 is amended as set out in

Schedule 1.

Page 2

2002 No 412

District Court Amendment (Fees) Regulation 2002

Amendment

Schedule 1

Schedule 1

Amendment

(Clause 3)

Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Court fees

(Clause 4)

$

1

(1)

Filing a statement of claim or any other originating

process (other than the filing of an originating

process referred to in paragraph (2))

408.00

(2)

Filing an originating process by way of a notice of

appeal

169.00

(3)

Filing a notice of cross-claim or third or subsequent

party notice

408.00

2

Filing a notice of motion under Part 16 of the District

Court Rules 1973 (not being a filing referred to in

item 1)

53.00

3

(1)

Filing a requisition for a civil trial by a jury (to be

paid by the party requesting a jury)

698.00

(2)

Daily retention fee (to be paid by the party

requesting a jury for each day a jury is required after

the first day of a civil trial)

317.00

4

Making a copy of any document, for each page

2.00

(minimum fee of $10.00)

5

Supply of duplicate tape recording of sound-recorded

evidence, for each cassette

33.00

6

For each copy of the transcript of any proceedings:

(a)

for each page, where the matter being

transcribed is under 3 months old

7.10

(minimum fee for 1 to 8 pages of $60.00)

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2002 No 412

District Court Amendment (Fees) Regulation 2002

Schedule 1

Amendment

$

(b)

for each page, where the matter being

transcribed is 3 months old or older

8.10

(minimum fee for 1 to 8 pages of $70.00)

7

Service or attempted service of any process or other document, including service by post and preparation of an affidavit of service—for each address at which service of the process or other document is effected or attempted

41.00

8

Execution or attempted execution of any writ or

warrant—for each address at which execution of the

writ or warrant is effected or attempted

51.00

9

Disbursements in executing or attempting to

execute a writ of execution, including a fee for

keeping possession



10

Levy on a writ of execution

As

prescribed

11

For work undertaken in preparing for a sale of land

by the scale

on instructions from a judgment creditor—if sale

of fees

does not proceed

under the



Sheriff Act

12

The travelling expenses incurred by officers in

1900

conveying an arrested person to prison or to court

13

Attending a view by a jury (to be paid by the party

making the request)

14

On referral for hearing by an arbitrator under the Arbitration (Civil Actions) Act 1983 (to be paid equally between the parties)

519.00

15

Filing an application for an order under section

18A (1) of the Arbitration (Civil Actions) Act 1983

for the rehearing of an action referred for arbitration

396.00

Note. This amount is subject to any provision of the District any part of this amount.

Page 4

2002 No 412

District Court Amendment (Fees) Regulation 2002

Amendment

Schedule 1

$

16

(1)

To issue a subpoena for production

51.00

(2)

To issue a subpoena for production and to give

evidence

51.00

(3)

To issue a subpoena to give evidence

26.00

BY AUTHORITY

Page 5

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